An important shift in the interpretation of immigration laws in the United States increases the risk of traveling abroad with Advance Parole for immigrants who have accumulated more than 180 days of unlawful presence in the country, as noted by the United States Citizenship and Immigration Services (USCIS) on its website.
The change stems from Matter of Delcarmen-Lara, a precedent decision issued on August 13 by the Board of Immigration Appeals (BIA), which revoked a doctrine established in 2012 regarding the consequences of traveling with an advance travel permit.
Until now, under the Matter of Arrabally and Yerrabelly, temporarily leaving the United States with a valid Advance Parole was not considered a "departure" for the purposes of triggering inadmissibility bans due to unlawful presence. This interpretation had been applied for 14 years. USCIS documents confirm how this protection worked.
That changed since August 13th.
The new decision establishes that traveling abroad with Advance Parole does constitute a departure for these purposes. Therefore, a person who has accumulated enough unlawful presence prior to the trip could trigger a re-entry ban even if they possess that document.
The consequence depends on the accumulated time: those who have remained illegally in the United States for more than 180 days but less than a year may be subject to a three-year ban, while those who accumulate a year or more may face a ten-year ban.
This does not mean that every immigrant with Advance Parole will automatically face a penalty. The key factor is whether the person previously accumulated the unlawful presence necessary to trigger any of those grounds of inadmissibility.
Who can it affect?
The change is particularly significant for individuals with DACA, certain beneficiaries of TPS, and other immigrants with pending immigration applications who have accumulated unlawful presence before obtaining protection or authorization to remain in the United States.
It may also have implications for Cubans who are hoping to adjust their status under the , depending on their specific immigration history.
The Cuban Adjustment Act allows certain Cuban citizens to apply for permanent residency if they meet requirements such as having been inspected and admitted or placed under parole, and having accumulated at least one year of physical presence in the United States.
However, having an Advance Parole does not by itself eliminate the consequences of prior accumulated illegal presence under the new interpretation. Therefore, a Cuban with an irregular immigration history should carefully assess their case before leaving the country.
Previous trips are excluded from the change
An important point of Matter of Delcarmen-Lara is that the BIA decided to apply its new interpretation prospectively.
This means that exits made under Advance Parole before the decision on August 13, 2026, remain subject to the precedent that was in effect at that time. The BIA itself did not retroactively apply its new interpretation to the individual involved in the case.
There are also situations in which certain periods are not counted as illegal presence, or there may be exceptions or immigration waivers. These include circumstances related to minors under 18 years of age, certain asylum seekers, victims protected under VAWA, and other cases provided for by U.S. legislation.
For that reason, the impact cannot be determined solely by knowing that a person has DACA, TPS, Advance Parole, or a pending residency application: it is necessary to review their immigration history and how much time of unlawful presence they have accumulated, if any.
For Cubans considering traveling to the island or another country with Advance Parole, the change introduces a risk that did not exist until a few days ago under the interpretation that had been in place for over a decade.
Before leaving the United States, especially if there is any history of illegal presence, it is advisable to consult the individual case with an immigration attorney or an accredited representative.
Related videos:
Filed under: